Affordable Retirement Advice Protection Act
Latest action · Feb 4, 2016 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 4, 2016
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Affordable Retirement Advice Protection Act
This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services.
The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources.
The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under ERISA and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act.
Cosponsors 16
Members who signed on, in the order they did. Signatures ran from Feb 4, 2016 to Apr 20, 2016, with 4 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-IL | Mark Kirk | Original | Feb 4, 2016 |
| R-MS | Roger F. Wicker | Original | Feb 4, 2016 |
| R-MT | Steve Daines | Original | Feb 4, 2016 |
| R-AR | Tom Cotton | Original | Feb 4, 2016 |
| R-TN | Lamar Alexander | Feb 8, 2016 | |
| R-WY | Michael B. Enzi | Feb 10, 2016 | |
| R-MO | Roy Blunt | Feb 10, 2016 | |
| R-GA | David Perdue | Feb 23, 2016 | |
| R-KS | Pat Roberts | Mar 8, 2016 | |
| R-NE | Deb Fischer | Mar 16, 2016 | |
| R-SD | Mike Rounds | Mar 17, 2016 | |
| R-OH | Rob Portman | Apr 4, 2016 | |
| R-OK | James M. Inhofe | Apr 11, 2016 | |
| R-LA | Bill Cassidy | Apr 13, 2016 | |
| R-NH | Kelly Ayotte | Apr 18, 2016 |
Actions 2
Everything that happened, newest first.
- Feb 4, 2016Introduced in Senate
- Feb 4, 2016Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2505 | SAVERS Act of 2016 | Related bill | Feb 4, 2016 |
| HR 4293 | Affordable Retirement Advice Protection Act | Related bill | Apr 20, 2016 |
| HR 4294 | SAVERS Act of 2015 | Related bill | Apr 20, 2016 |
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 1
Each version as it was printed, newest first.
- Feb 4, 2016Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.